New HampshireNew Hampshire requires approval before covered large waste sites are built
Since September 8, 2026, large waste sites need state panel approval before construction, except municipal projects, qualifying food waste sites, and smaller changes to existing sites.
What it does
A state panel must approve waste sites planned to take more than 100,000 tons a year before construction. Municipal projects, qualifying food waste sites, and smaller capacity increases at existing sites are excluded.
The panel must weigh a large waste site’s benefits against its harms and give affected communities a chance to comment. Existing landfill expansions are presumed to pass some approval tests unless challengers show otherwise.
Applicants pay a $20,000 starting fee, with more charged for larger sites. They also pay for an independent review of their studies and may owe extra costs if the panel’s work costs much more.
The state environmental agency cannot approve permits that add capacity at covered large waste sites until both July 1, 2027, and the panel’s rules are in place.
Argument forRequired studies and public comments could help affected residents raise health and traffic concerns before a large site is approved.
Argument againstThe permit pause could delay added waste capacity beyond July 1, 2027 if the panel’s rules are not ready.
More detail
Operators must get state panel approval before starting construction of a covered large waste facility. The rule covers proposed facilities planned to take more than 100,000 tons of waste a year. Municipal projects and qualifying food waste facilities are excluded. Changes to an existing facility need approval only if they raise its average permitted annual capacity by at least 50,000 tons or 100,000 cubic yards. The rule took effect September 8, 2026, and approval is needed before construction starts.
The panel must weigh a proposed site’s benefits against its harms and give affected communities a chance to comment. Affected communities include the host town and places where the site can be seen or heard or where its traffic has an impact. To approve a site, the panel must find that its public benefits outweigh its harms. An existing landfill’s expansion is presumed to meet some approval tests unless a challenger provides enough evidence to overcome that presumption. Applicants must hold a public information session in the host town at least 30 days before filing.
Applicants must pay a fee when they apply for panel approval. These costs apply to applicants seeking approval for covered large waste facilities. The fee starts at $20,000 and rises with the amount of waste the site plans to take. Applicants pay for an independent review of their studies. They may owe approved extra costs if the panel’s work costs much more than the filing fee. The starting fee is due when the application is filed.
The state environmental agency cannot approve permits that add capacity at covered large waste facilities during the pause. The pause covers permits for added capacity at facilities planned to take more than 100,000 tons of waste a year, excluding municipal projects and qualifying food waste facilities. The pause began September 8, 2026, and ends no earlier than July 1, 2027, or the date the panel adopts its rules, whichever comes later.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 16Signed by Governor Kelly Ayotte Ayotte 07/10/2026; Chapter 288; eff. 9/8/2026Became Law
- Jul 1Enrolled (in recess of) 06/04/2026 HJ 15 P. 56To Governor
- Jun 29Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15Minor
- Jun 17Enrolled Bill Amendment # 2026-2156e: AA VV (in recess of) 06/04/2026 HJ 15 P. 46
- Jun 17Enrolled Bill Amendment # 2026-2156e Adopted, VV, (In recess of 06/04/2026); SJ 14Major
- May 21House Concurs with Senate Amendment 2026-1932s and 2026-3050s (Rep. J. Aron): MA VV 05/21/2026 HJ 14 P. 10
- May 14Ought to Pass with Amendment # 2026-1932s, MA, VV; OT3rdg; 05/14/2026; SJ 12Passed Senate
- May 14Committee Amendment # 2026-1932s, AA, VV; 05/14/2026; SJ 12
- May 12Committee Report: Ought to Pass with Amendment # 2026-1932s, 05/14/2026, Vote 7-1; SC 18AMinor
- Jan 7Ought to Pass with Amendment #2025-3050s, MA, VV; Refer to Finance Rule 4-5; 01/07/2026; SJ 1Minor
- Vote recorded Floor Amendment. Result: fail.Upper
- Jan 7Sen. Rochefort Floor Amendment # 2026-0046s, RC 12Y-12N, AF; 01/07/2026; SJ 1
- Jan 7Committee Amendment # 2025-3050s, AA, VV; 01/07/2026; SJ 1
- 2025
- Nov 4Committee Report: Ought to Pass with Amendment # 2025-3050s, 01/07/2026, Vote 5-0; SC 46Minor
- May 8Rereferred to Committee, MA, VV; 05/08/2025; SJ 12Minor
- Apr 30Committee Report: Rereferred to Committee, 05/08/2025, Vote 4-1, CC SC 20
- Apr 8Hearing: 04/15/2025, Room 103, SH, 09:15 am; SC 17
- Mar 28Introduced 03/27/2025 and Referred to Energy and Natural Resources; SJ 10Minor
- Mar 26Ought to Pass with Amendment 2025-1041h: MA VV 03/26/2025 HJ 10 P. 27Passed House
- Mar 26Amendment # 2025-1041h (NT): AA VV 03/26/2025 HJ 10 P. 27
- Mar 19Committee Report: Ought to Pass with Amendment # 2025-1041h (NT) 03/18/2025 (Vote 14-1; CC) HC 17 P. 17Minor
- Mar 12Full Committee Work Session: 03/18/2025 10:45 am LOB 301-303
- Mar 12Executive Session: 03/18/2025 12:00 pm LOB 301-303
- Mar 7Subcommittee Work Session: 03/11/2025 09:00 am LOB 301-303
- Mar 5Full Committee Work Session: 03/11/2025 09:30 am LOB 301-303
- Feb 20Full Committee Work Session: 03/04/2025 09:30 am LOB 301-303
- Feb 12Full Committee Work Session: 02/19/2025 09:30 am LOB 301-303
- Feb 12Full Committee Work Session: 02/18/2025 09:30 am LOB 301-303
- Feb 5Full Committee Work Session: 02/11/2025 10:00 am LOB 301-303
- Jan 29Public Hearing: 02/04/2025 02:00 pm LOB 301-303
- Jan 22Introduced (in recess of) 01/09/2025 and referred to Environment and Agriculture HJ 3 P. 24Introduced
Environment & Energy